Duffield v. . Johnston
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of ¡New York, made February 6, 1884, which reversed a judgment in favor of plaintiff, entered upon a verdict, and granted a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of ¡New York, made February 6, 1884, which reversed a judgment in favor of plaintiff, entered upon a verdict, and granted a new trial. The nature of the action and the material facts are stated in the opinion. The acceptance was not a bill of exchange, or an instrument for the payment of money only, but a conditional acceptance for which a consideration must be alleged and proved, or a compliance with the conditions precedent established by proof. (Parker v. /Syracuse, 31 ¡N". Y. 376.) Evidence…
1Opinion of the CourtEabl, J.
This action was brought to recover the last two payments mentioned in the following instrument dated at 27ew York, December 21, 1878.
“.Thomas Johnston, Esq.:
“Deab Sib—(1) Please pay to J. J. Duffield, or order, the sum of six hundred and sixty-six dollars when the brown stone work of your eight houses situate on the south side of East One Hundred and Fifth street, between Second and Third avenues, city, is topped out.
“ (2) The sum of four hundred dollars when the stoops of said eight houses are set.
“ (3) The sum of three hundred and seventy-five dollars when the brown stone work of the said…
2Cases cited3 opinions
- Cook v. SatterleeNew York Supreme Court · 1826
- Van Wagner v. TerrettNew York Supreme Court · 1858
- Seacord v. BurlingNew York Supreme Court · 1848
3Cited by4 opinions
- In Re New York, N. H. & H. R.District Court, D. Connecticut · 1938
- Linnehan v. MatthewsMassachusetts Supreme Judicial Court · 1889
- Eastern Plumbing Supply Co. v. LevittSupreme Court of Connecticut · 1930
- Fox v. New York Wood Turning Co.New York Court of Common Pleas · 1885